GS GHUMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall decide Civil Writ Petition Nos.7850 of 2011 (GS Ghuman v. State of Punjab and others), 10584 of 2011 (Gurloveleen Singh and others v. State of Punjab and others), 11134 of 2011 (Ritu Aggarwal v. State of Punjab and others) and 10606 of 2011 (Malwinder Singh Jaggi and others v. State of Punjab and others). The challenge in these petitions is to the order dated 28.12.2010 whereby the State Government has determined the seniority of PCS (Executive Branch) Officers appointed on the basis of PCS (Executive Branch) and Allied Services Examination held pertaining to the recruitment process of 1990. As common facts and questions of law arise in these petitions, they have been taken up together. Facts, however, are being noticed from Civil Writ Petition No.7850 of 2011 (GS Ghuman v. State of Punjab and others).

(2.) The petitioner as also the private respondents were candidates for selection to the PCS (Executive Branch) in the selection process pertaining to the year 1990. There were 26 posts of PCS (Executive Branch) which were filled up in such process of selection through Register 'B' meant for direct recruitment under the Punjab Civil Services (Executive Branch) (Class-I) Rules (hereinafter to be referred to '1976 Rules'). Fifteen posts were for General Category, six posts were reserved for Scheduled Castes category, four were reserved for ex-Serviceman category and one for the Freedom Fighter category. Twenty six candidates were appointed to the PCS (Executive Branch) in such selection process. Vide order dated 2.12.1992, Annexure P2, allocation of candidates, as accepted candidates in Register 'B' in terms of the provisions of 1976 Rules for appointment to the PCS (Executive Branch) was made. The name of the petitioner who belongs to the General category was at Serial No.7 in such list, the name of respondent No.3 who belongs to the Scheduled Caste category was at Serial No.18 and names of respondents No.4 and 5 who belong to ex-Serviceman category, were reflected at Serial Nos.22 and 23 respectively. In such order dated 2.12.1992, Annexure P2, it had been stipulated that such appointments are subject to the condition of adjustment, if any, with regard to the eligibility of a candidate and the inter se seniority of the candidates belonging to the same category.

(3.) A gradation list was issued by the State as corrected upto 1.1.1993, Annexure P3, in terms of which the petitioner was placed at higher position viz-a-viz the private respondents. A reference in the pleadings has also been made to the gradation list for Register 'B' corrected upto October 2010, Annexure P4, wherein again the name of the petitioner was reflected higher than the private respondents. On 12.3.2008, a tentative seniority list of the PCS (Executive Branch) Officers recruited in pursuance to the result of the recruitment process for the year 1990 was circulated, Annexure P5. A perusal of the same would reveal that notice had been taken of the judgment of the Hon'ble Supreme Court of India in Civil Appeal No.6373 of 2001 "Arvinder Singh Bains v. State of Punjab" as also the decisions of the Hon'ble Apex Court in Ajit Singh Januja and Ajit Singh-II and it was in purported compliance of the aforesaid judgments that the tentative seniority list had been issued. In terms of such tentative seniority list dated 12.3.1986, the petitioner was shown at Serial No.171, respondent No.3 was shown at Serial No.159 and respondents 4 and 5 were shown at Serial Nos.157 and 161 respectively. The petitioner filed objections to such tentative seniority list taking a specific stand that the judgment of the Hon'ble Supreme Court in the case of Ajit Singh Januja had been wrongly applied.